Test Bank for Managing Human Resources 10th Edition Wayne Cascio

Test Bank for Managing Human

Resources 10th Edition Wayne Cascio
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Chapter 5: Planning for People
Chapter 6: Recruiting
Chapter 7: Staffing
PART THREE: DEVELOPMENT
Chapter 8: Training and On-Boarding
Chapter 9: Performance Management
Chapter 10: Managing Careers
PART FOUR: COMPENSATION
Chapter 11: Pay and Incentive Systems
Chapter 12: Indirect Compensation: Employee Benefit Plans
PART FIVE: LABOR-MANAGEMENT ACCOMMODATION
Chapter 13: Union Representation and Collective Bargaining
Chapter 14: Procedural Justice and Ethics in Employee Relations
PART SIX: SUPPORT AND INTERNATIONAL IMPLICATIONS
Chapter 15: Safety, Health, and Employee Assistance Programs
Chapter 16: International Dimensions of Human Resource Management
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 This adjustment and award were accepted and observed, until the
election in November, 1876, when a controversy arose as to the
result, the Republicans claiming the election of Stephen B. Packard
as Governor by about 3,500 majority, and a Republican Legislature;
and the Democrats claiming the election of Francis T. Nicholls as
Governor, by about 8,000 majority, and a Democratic Legislature.
Committees of gentlemen visited New Orleans, by request of
President Grant and of various political organizations, to witness the
count of the votes by the Returning Board. And in December, 1876,
on the meeting of Congress, committees of investigation were
appointed by the Senate and by the House of Representatives.
Exciting events were now daily transpiring. On the 1st of January,
1877, the Legislature organized in the State House without
exhibitions of violence. The Democrats did not unite in the
proceedings, but met in a separate building, and organized a
separate Legislature. Telegraphic communication was had between
the State House and the Custom House, where was the office of
Marshal Pitkin, who with the aid of the United States troops, was
ready for any emergency. About noon the Democratic members,
accompanied by about 500 persons, called at the State House and
demanded admission. The officer on duty replied that the members
could enter, but the crowd could not. A formal demand was then
made upon General Badger and other officials, by the spokesman, for
the removal of the obstructions, barricades, police, etc., which
prevented the ingress of members, which being denied, Col. Bush, in
behalf of the crowd, read a formal protest, and the Democrats
retired. Gov. Kellogg was presented by a committee with a copy of
the protest, and he replied, that as chief magistrate and conservator
of the peace of the State, believing that there was danger of the
organization of the General Assembly being violently interfered with,
he had caused a police force to be stationed in the lower portion of
the building; that he had no motive but to preserve the peace; that no
member or attache of either house will be interfered with in any way,
and that no United States troops are stationed in the capitol building.
Clerk Trezevant declined to call the House to order unless the
policemen were removed. Upon the refusal to do so, he withdrew,
when Louis Sauer, a member, called the roll, and 68 members—a full
House being 120—answered to their names. Ex-Gov. Hahn was
elected Speaker, receiving 53 votes as against 15 for Ex-Gov.
Warmoth.
The Senate was organized by Lieutenant-Governor Antoine with 19
present—a full Senate being 30—eight of whom held over, and 11
were returned by the Board. Gov. Kellogg’s message was presented to
each House.
The Democrats organized their Legislature in St. Patrick’s hall. The
Senators were called to order by Senator Ogden. Nineteen Senators,
including nine holding over, and four, who were counted out by the
board, were present.
The Democratic members of the House were called to order by
Clerk Trezevant, and 61 answered to their names. Louis Bush was
elected Speaker.
January 3d—Republican Legislature passed a resolution asking for
military protection against apprehended Democratic violence, and it
was telegraphed to the President.
On Sunday, January 8th, Gov. Kellogg telegraphed to President
Grant to the same effect.
January 8th—Stephen B. Packard took the oath of office as
Governor, and C. C. Antoine as Lieutenant-Governor, at the State
House at 1:30, in the presence of the Legislature.
January 8—Francis T. Nicholls and L. A. Wiltz to-day took the oath
of office of Governor and Lieutenant-Governor, respectively, on the
balcony of St. Patrick’s hall.
By the 11th of January both parties were waiting for the action of
the authorities at Washington. Gov. Packard to-day commissioned A.
S. Badger Major-General of the State National Guard, and directed
him to organize the first division at once. Two members of the
Packard Legislature, Mr. Barrett, of Rapides, and Mr. Kennedy, of St.
Charles, had withdrawn from that body and gone over to the Nicholls
Legislature.
Messrs. Breux, Barrett, Kennedy, Estopival, Wheeler, and Hamlet,
elected as Republicans, under the advice of Pinchback—a defeated
Republican candidate for U. S. Senator, left the Packard or
Republican, and joined the Nicholls Legislature.
On the 15th, Governor Packard, after receiving a copy of the
telegram of the President to General Augur, issued a proclamation
aimed at the “organized and armed combination and conspiracy of
men now offering unlawful and violent resistance to the lawful
authority of the State government.”
The Nicholls court issued an order to Sheriff Handy to provide the
means for protecting the court from any violence or intrusion on the
part of the adherents of “S. B. Packard, a wicked and shameless
impostor.”
Governor Packard on the 16th, in a letter to Gen. Augur,
acknowledges the receipt of a communication from his aide-de-camp
asking for assurances from him that the President’s wishes
concerning the preservation of the present status be respected, and
says that the request would have been more appropriate if made
immediately after his installation as Governor and before many of
the main branches of the Government had been forcibly taken
possession of by the opposition. He says: “I had scarcely taken the
oath of office when the White League were called to arms; the Court
room and the records of the Supreme Court of the State were forcibly
taken possession of, and various precinct police-stations were
captured in like manner by overwhelming forces. Orders had been
issued by the Secretary of War early on that day that all unauthorized
armed bodies should desist. A dispatch from yourself of the same
date to the Secretary of War, conveyed the assurances that Nicholls
had promised the disbandment of his armed forces. * * * It was my
understanding, that neither side should be permitted to interfere
with the status of the other side. Yet the day after this order was
received and the pledge given by Nicholls, a force of several hundred
armed White Leaguers repaired to the State Arsenal and took
therefrom into their own keeping five pieces of artillery, and a
garrison of armed men was placed in and around the Supreme Court
building. That on the following day, January 11, an armed company
of the White League broke into and took possession of the office of
the Recorder of Mortgages. * * * In view of all these facts it seemed to
me that to give the pledge verbally asked of me this morning would
be to sanction revolution, and by acquiescence give it the force of
accomplished fact, and I therefore declined.”
Many telegrams followed between the Secretary of War, J. Don.
Cameron, Gen’l Augur and Mr. Packard, the latter daily complaining
of new “outrages by the White League,” while the Nicholls
government professed to accord rights to all classes, and to obey the
instructions from Washington, to faithfully maintain the status of
affairs until decisive action should be taken by the National
government. None was taken, President Grant being unwilling to
outline a Southern policy for his successor in office.
 Election of Hayes and Wheeler.

The troubles in the South, and the almost general overthrow of the
“carpet-bag government,” impressed all with the fact that the
Presidential election of 1876 would be exceedingly close and exciting,
and the result confirmed this belief. The Greenbackers were the first
to meet in National Convention, at Indianapolis, May 17th. Peter
Cooper of New York was nominated for President, and Samuel F.
Cary of Ohio, for Vice-President.
The Republican National Convention met at Cincinnati, June 14th,
with James G. Blaine recognized as the leading candidate. Grant had
been named for a third term, and there was a belief that his name
would be presented. Such was the feeling on this question that the
House of Congress and a Republican State Convention in
Pennsylvania, had passed resolutions declaring that a third term for
President would be a violation of the “unwritten law” handed down
through the examples of Washington, and Jackson. His name,
however, was not then presented. The “unit rule” at this Convention
was for the first time resisted, and by the friends of Blaine, with a
view to release from instructions of State Conventions some of his
friends. New York had instructed for Conkling, and Pennsylvania for
Hartranft. In both of these states some delegates had been chosen by
their respective Congressional districts, in advance of any State
action, and these elections were as a rule confirmed by the State
bodies. Where they were not, there were contests, and the right of
district representation was jeopardized if not destroyed by the
reinforcement of the unit rule. It was therefore thought to be a
question of much importance by the warring interests. Hon. Edw.
McPherson was the temporary Chairman of the Convention, and he
took the earliest opportunity presented to decide against the binding
force of the unit rule, and to assert the liberty of each delegate to vote
as he pleased. The Convention sustained the decision on an appeal.
 Ballots of the Cincinnati Republican Convention, 1876:

Ballots, 1 2 3 4 5 6 7
Blaine, 285 296 292 293 287 308 351
Conkling, 113 114 121 126 114 111 21
Bristow, 99 93 90 84 82 81
Morton, 124 120 113 108 95 85
Hayes, 61 64 67 68 102 113 384
Hartranft, 58 63 68 71 69 50
Jewell, 11
Washb’ne, 1 1 3 3 4
Wheeler, 3 3 2 2 2 2

Gen. Rutherford B. Hayes, of Ohio, was nominated for President,

and Hon. Wm. A. Wheeler, of New York, for Vice-President.
The Democratic National Convention met at St. Louis, June 28th.
Great interest was excited by the attitude of John Kelly, the
Tammany leader of New York, who was present and opposed with
great bitterness the nomination of Tilden. He afterwards bowed to
the will of the majority and supported him. Both the unit and the
two-thirds rule were observed in this body, as they have long been by
the Democratic party. On the second ballot, Hon. Samuel J. Tilden,
of New York, had 535 votes to 203 for all others. His leading
competitor was Hon. Thomas A. Hendricks, of Indiana, who was
nominated for Vice-President.
 The Electoral Count.

The election followed Nov. 7th, 1876, Hayes and Wheeler carrying
all of the Northern States except Connecticut, New York, New Jersey
and Indiana; Tilden and Hendricks carried all of the Southern States
except South Carolina, Florida and Louisiana. The three last named
States were claimed by the Democrats, but their members of the
Congressional Investigating Committee quieted rival claims as to
South Carolina by agreeing that it had fairly chosen the Republican
electors. So close was the result that success or failure hinged upon
the returns of Florida and Louisiana, and for days and weeks
conflicting stories and claims came from these States. The Democrats
claimed that they had won on the face of the returns from Louisiana,
and that there was no authority to go behind these. The Republicans
publicly alleged frauds in nearly all of the Southern States; that the
colored vote had been violently suppressed in the Gulf States, but
they did not formally dispute the face of the returns in any State save
where the returning boards gave them the victory. This doubtful
state of affairs induced a number of prominent politicians of both the
great parties to visit the State capitals of South Carolina, Florida and
Louisiana to witness the count. Some of these were appointed by
President Grant; others by the Democratic National Committee, and
both sets were at the time called the “visiting statesmen,” a phrase on
which the political changes were rung for months and years
thereafter.
The electoral votes of Florida were decided by the returning board
to be Republican by a majority of 926,—this after throwing out the
votes of several districts where fraudulent returns were alleged to be
apparent or shown by testimony. The Board was cited before the
State Supreme Court, which ordered a count of the face of the
returns; a second meeting only led to a second Republican return,
and the Republican electors were then declared to have been chosen
by a majority of 206, though before this was done, the Electoral
College of the State had met and cast their four votes for Hayes and
Wheeler. Both parties agreed very closely in their counts, except as to
Baker county, from which the Republicans claimed 41 majority, the
Democrats 95 majority—the returning board accepting the
Republican claim.
In Louisiana the Packard returning board was headed by J.
Madison Wells, and this body refused to permit the Democrats to be
represented therein. It was in session three weeks, the excitement all
the time being at fever heat, and finally made the following average
returns: Republican electors, 74,436; Democratic, 70,505;
Republican majority, 3,931. McEnery, who claimed to be Governor,
gave the Democratic electors a certificate based on an average vote of
83,635 against 75,759, a Democratic majority of 7,876.
In Oregon, the three Republican electors had an admitted majority
of the popular vote, but on a claim that one of the number was a
Federal office-holder and therefore ineligible, the Democratic
Governor gave a certificate to two of the Republican electors, and a
Mr. Cronin, Democrat. The three Republican electors were certified
by the Secretary of State, who was the canvassing officer by law. This
Oregon business led to grave suspicions against Mr. Tilden, who was
thereafter freely charged by the Republicans with the use of his
immense private fortune to control the result, and thereafter, the
New York Tribune, with unexampled enterprise, exposed and
reprinted the “cipher dispatches” from Gramercy, which Mr. Pelton,
the nephew and private secretary of Mr. Tilden, had sent to
Democratic “visiting statesmen” in the four disputed sections. In
1878, the Potter Investigating Committee subsequently confirmed
the “cipher dispatches” but Mr. Tilden denied any knowledge of
them.
The second session of the 44th Congress met on Dec. 5th, 1876,
and while by that time all knew the dangers of the approaching
electoral count, yet neither House would consent to the revision of
the joint rule regulating the count. The Republicans claimed that the
President of the Senate had the sole authority to open and announce
the returns in the presence of the two Houses; the Democrats plainly
disputed this right, and claimed that the joint body could control the
count under the law. Some Democrats went so far as to say that the
House (which was Democratic, with Samuel J. Randall in the
Speaker’s chair) could for itself decide when the emergency had
arrived in which it was to elect a President.
There was grave danger, and it was asserted that the Democrats,
fearing the President of the Senate would exercise the power of
declaring the result, were preparing first to forcibly and at least with
secrecy swear in and inaugurate Tilden. Mr. Watterson, member of
the House from Kentucky, boasted that he had completed
arrangements to have 100,000 men at Washington on inauguration
day, to see that Tilden was installed. President Grant and Secretary
of War Cameron, thought the condition of affairs critical, and both
made active though secret preparations to secure the safe if not the
peaceful inauguration of Hayes. Grant, in one of his sententious
utterances, said he “would have peace if he had to fight for it.” To this
end he sent for Gov. Hartranft of Pennsylvania, to know if he could
stop any attempted movement of New York troops to Washington, as
he had information that the purpose was to forcibly install Tilden.
Gov. Hartranft replied that he could do it with the National Guard
and the Grand Army of the Republic. He was told to return to
Harrisburg and prepare for such an emergency. This he did, and as
the Legislature was then in session, a Republican caucus was called,
and it resolved, without knowing exactly why, to sustain any action of
the Governor with the resources of the State. Secretary Cameron also
sent for Gen’l Sherman, and for a time went on with comprehensive
preparations, which if there had been need for completion, would
certainly have put a speedy check upon the madness of any mob.
There is a most interesting unwritten history of events then
transpiring which no one now living can fully relate without
unjustifiable violations of political and personal confidences. But the
danger was avoided by the patriotism of prominent members of
Congress representing both of the great political parties. These
gentlemen held several important and private conferences, and
substantially agreed upon a result several days before the exciting
struggle which followed the introduction of the Electoral
Commission Act. The leaders on the part of the Republicans in these
conferences were Conkling, Edmunds, Frelinghuysen; on the part of
the Democrats Bayard, Gordon, Randall and Hewitt, the latter a
member of the House and Chairman of the National Democratic
Committee.
 The Electoral Commission Act, the basis of agreement, was
supported by Conkling in a speech of great power, and of all men
engaged in this great work he was at the time most suspected by the
Republicans, who feared that his admitted dislike to Hayes would
cause him to favor a bill which would secure the return of Tilden, and
as both of the gentlemen were New Yorkers, there was for several
days grave fears of a combination between the two. The result
showed the injustice done, and convinced theretofore doubting
Republicans that Conkling, even as a partisan, was faithful and far-
seeing. The Electoral Commission measure was a Democratic one, if
we are to judge from the character of the votes cast for and against it.
In the Senate the vote stood 47 for to 17 against. There were 21
Republicans for it and 16 against, while there were also 26
Democrats for it to only 1 (Eaton) against. In the House much the
same proportion was maintained, the bill passing that body by 191 to
86. The following is the text of the

ELECTORAL COMMISSION ACT.

An act to provide for and regulate the counting of votes for

President and Vice-President, and the decision of questions arising
thereon, for the term commencing March fourth, Anno Domini
eighteen hundred and seventy-seven.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Senate
and House of Representatives shall meet in the hall of the House of
Representatives, at the hour of one o’clock post meridian, on the first
Thursday in February, Anno Domini eighteen hundred and seventy-
seven; the President of the Senate shall be their presiding officer.
Two tellers shall be previously appointed on the part of the Senate,
and two on the part of the House of Representatives, to whom shall
be handed, as they are opened by the President of the Senate, all the
certificates, and papers purporting to be certificates, of the electoral
votes, which certificates and papers shall be opened, presented and
acted upon in the alphabetical order of the States, beginning with the
letter A; and said tellers having then read the same in presence and
hearing of the two Houses, shall make a list of the votes as they shall
appear from the said certificates; and the votes having been
ascertained and counted as in this act provided, the result of the
same shall be delivered to the President of the Senate, who shall
thereupon announce the state of the vote, and the names of the
persons, if any elected, which announcement shall be deemed a
sufficient declaration of the persons elected President and Vice-
President of the United States, and, together with a list of the votes,
be entered on the journals of the Houses. Upon such reading of any
such certificate or paper when there shall only be one return from a
State, the President of the Senate shall call for objections, if any.
Every objection shall be made in writing, and shall state clearly and
concisely, and without argument, the ground thereof, and shall be
signed by at least one Senator and one Member of the House of
Representatives before the same shall be received. When all
objections so made to any vote or paper from a State shall have been
received and read, the Senate shall thereupon withdraw, and such
objections shall be submitted to the Senate for its decision; and the
Speaker of the House of Representatives shall, in like manner,
submit such objections to the House of Representatives for its
decision; and no electoral vote or votes from any State from which
but one return has been received shall be rejected, except by the
affirmative vote of the two Houses. When the two Houses have votes,
they shall immediately again meet, and the presiding officer shall
then announce the decision of the question submitted.
Sec. 2. That if more than one return, or paper purporting to be a
return from a State, shall have been received by the President of the
Senate, purporting to be the certificate of electoral votes given at the
last preceding election for President and Vice-President in such State
(unless they shall be duplicates of the same return), all such returns
and papers shall be opened by him in the presence of the two Houses
when met as aforesaid, and read by the tellers, and all such returns
and papers shall thereupon be submitted to the judgment and
decision as to which is the true and lawful electoral vote of such
State, of a commission constituted as follows, namely: During the
session of each House, on the Tuesday next preceding the first
Thursday in February, eighteen hundred and seventy-seven, each
House shall, by viva voce vote, appoint five of its members, with the
five associate justices of the Supreme Court of the United States to be
ascertained as hereinafter provided, shall constitute a commission
for the decision of all questions upon or in respect of such double
returns named in this section. On the Tuesday next preceding the
first Thursday in February, Anno Domini, eighteen hundred and
seventy-seven, or as soon thereafter as may be, the associate justices
of the Supreme Court of the United States now assigned to the first,
third, eighth, and ninth circuits shall select, in such manner as a
majority of them shall deem fit, another of the associate justices of
said court, which five persons shall be members of said commission;
and the person longest in commission of said five justices shall be the
president of said commission. The members of said commission shall
respectively take and subscribe the following oath: “I —— do
solemnly swear (or affirm, as the case maybe,) that I will impartially
examine and consider all questions submitted to the commission of
which I am a member, and a true judgment give thereon, agreeably
to the Constitution and the laws: so help me God;” which oath shall
be filed with the Secretary of the Senate. When the commission shall
have been thus organized, it shall not be in the power of either House
to dissolve the same, or to withdraw any of its members; but if any
such Senator or member shall die or become physically unable to
perform the duties required by this act, the fact of such death or
physical inability shall be by said commission, before it shall proceed
further, communicated to the Senate or House of Representatives, as
the case may be, which body shall immediately and without debate
proceed by viva voce vote to fill the place so vacated, and the person
so appointed shall take and subscribe the oath hereinbefore
prescribed, and become a member of said commission; and in like
manner, if any of said justices of the Supreme Court shall die or
become physically incapable of performing the duties required by
this act, the other of said justices, members of the said commission,
shall immediately appoint another justice of said court a member of
said commission, and in like manner, if any of said justices of the
Supreme Court shall die or become physically incapable of
performing the duties required by this act, the other of said justices,
members of the said commission, shall immediately appoint another
justice of said court a member of said commission, and, in such
appointment, regard shall be had to the impartiality and freedom
from bias sought by the original appointments to said commission,
who shall thereupon immediately take and subscribe the oath
hereinbefore prescribed, and become a member of said commission
to fill the vacancy so occasioned. All the certificates and papers
purporting to be certificates of the electoral votes of each State shall
be opened, in the alphabetical order of the States, as provided in
section one of this act; and when there shall be more than one such
certificate or paper, as the certificates and papers from such State
shall so be opened (excepting duplicates of the same return), they
shall be read by the tellers, and thereupon the President of the
Senate shall call for objections, if any. Every objection shall be made
in writing, and shall state clearly and concisely, and without
argument, the ground thereof, and shall be signed by at least one
Senator and one member of the House of Representatives before the
same shall be received. When all such objections so made to any
certificate, vote, or paper from a State shall have been received and
read, all such certificates, votes and papers so objected to, and all
papers accompanying the same, together with such objections, shall
be forthwith submitted to said commission, which shall proceed to
consider the same, with the same powers, if any, now possessed for
that purpose by the two Houses acting separately or together, and, by
a majority of votes, decide whether any and what votes from such
State are the votes provided for by the Constitution of the United
States, and how many and what persons were duly appointed
electors in such State, and may therein take into view such petitions,
depositions, and other papers, if any, as shall, by the Constitution
and now existing law, be competent and pertinent in such
consideration; which decision shall be made in writing, stating
briefly the ground thereof, and signed by the members of said
commission agreeing therein; whereupon the two Houses shall again
meet, and such decision shall be read and entered in the journal of
each house, and the counting of the vote shall proceed in conformity
therewith, unless, upon objection made thereto in writing by at least
five Senators and five members of the House of Representatives, the
two Houses shall separately concur in ordering otherwise, in which
case such concurrent order shall govern. No votes or papers from any
other State shall be acted upon until the objections previously made
to the votes or papers from any State shall have been finally disposed
of.
Sec. 3. That, while the two Houses shall be in meeting, as provided
in this act, no debate shall be allowed and no question shall be put by
the presiding officer, except to either House on a motion to
withdraw, and he shall have power to preserve order.
 Sec. 4. That when the two Houses separate to decide upon an
objection that may have been made to the counting of any electoral
vote or votes from any State, or upon objection to a report of said
commission, or other question arising under this act, each Senator
and Representative may speak to such objection or question ten
minutes, and not oftener than once; but after such debate shall have
lasted two hours, it shall be the duty of each House to put the main
question without further debate.
Sec. 5. That at such joint meeting of the two Houses, seats shall be
provided as follows: For the President of the Senate, the Speaker’s
chair; for the Speaker, immediately upon his left; the Senators in the
body of the hall upon the right of the presiding officer; for the
Representatives, in the body of the hall not provided for the
Senators; for the tellers, Secretary of the Senate, and Clerk of the
House of Representatives, at the Clerk’s desk; for the other officers of
the two Houses, in front of the Clerk’s desk and upon each side of the
Speaker’s platform. Such joint meeting shall not be dissolved until
the count of electoral votes shall be completed and the result
declared; and no recess shall be taken unless a question shall have
arisen in regard to counting any such votes, or otherwise under this
act, in which case it shall be competent for either House, acting
separately, in the manner hereinbefore provided, to direct a recess of
such House not beyond the next day, Sunday excepted, at the hour of
ten o’clock in the forenoon. And while any question is being
considered by said commission, either House may proceed with its
legislative or other business.
Sec. 6. That nothing in this act shall be held to impair or affect any
right now existing under the Constitution and laws to question, by
proceeding in the judicial courts of the United States, the right or
title of the person who shall be declared elected, or who shall claim to
be President or Vice-President of the United States, if any such right
exists.
Sec. 7. That said commission shall make its own rules, keep a
record of its proceedings, and shall have power to employ such
persons as may be necessary for the transaction of its business and
the execution of its powers.
Approved, January 29, 1877.
 Members of the Commission.

Hon. Nathan Clifford, Associate Justice Supreme Court, First

Circuit.
Hon. William Strong, Associate Justice Supreme Court, Third
Circuit.
Hon. Samuel F. Miller, Associate Justice Supreme Court, Eighth
Circuit.
Hon. Stephen J. Field, Associate Justice Supreme Court, Ninth
Circuit.
Hon. Joseph P. Bradley, Associate Justice Supreme Court, Fifth
Circuit.
Hon. George F. Edmunds, United States Senator.
Hon. Oliver P. Morton, United States Senator.
Hon. Frederick T. Frelinghuysen, United States Senator.
Hon. Allen G. Thurman, United States Senator.
Hon. Thomas F. Bayard, United States Senator.
Hon. Henry B. Payne, United States Representative.
Hon. Eppa Hunton, United States Representative.
Hon. Josiah G. Abbott, United States Representative.
Hon. James A. Garfield, United States Representative.
Hon. George F. Hoar, United States Representative.
The Electoral Commission met February 1st, and by uniform votes
of 8 to 7, decided all objections to the Electoral votes of Florida,
Louisiana, South Carolina, and Oregon, in favor of the Republicans,
and while the two Houses disagreed on nearly all of these points by
strict party votes, the electoral votes were, under the provisions of
the law, given to Hayes and Wheeler, and the final result declared to
be 185 electors for Hayes and Wheeler, to 184 for Tilden and
Hendricks. Questions of eligibility had been raised against individual
electors from Michigan, Nevada, Pennsylvania, Rhode Island,
Vermont and Wisconsin, but the Commission did not sustain any of
them, and as a rule they were unsupported by evidence. Thus closed
the gravest crisis which ever attended an electoral count in this
country, so far as the Nation was concerned; and while for some
weeks the better desire to peacefully settle all differences prevailed,
in a few weeks partisan bitterness was manifested on the part of a
great majority of Northern Democrats, who believed their party had
been deprived by a partisan spirit of its rightful President.
 The Title of President Hayes.

The uniform vote of 8 to 7 on all important propositions

considered by the Electoral Commission, to their minds showed a
partisan spirit, the existence of which it was difficult to deny. The
action of the Republican “visiting statesmen” in Louisiana, in
practically overthrowing the Packard or Republican government
there, caused distrust and dissatisfaction in the minds of the more
radical Republicans, who contended with every show of reason that if
Hayes carried Louisiana, Packard must also have done so. The only
sensible excuse for seating Hayes on the one side and throwing out
Governor Packard on the other, was a patriotic desire for peace in the
settlement of both Presidential and Southern State issues. This
desire was plainly manifested by President Hayes on the day of his
inauguration and for two years thereafter. He took early occasion to
visit Atlanta, Ga., and while at that point and en route there made
the most conciliatory speeches, in which he called those who had
engaged in the Rebellion, “brothers,” “gallant soldiers,” etc. These
speeches excited much attention. They had little if any effect upon
the South, while the more radical Republicans accused the President
of “slopping over.” They did not allay the hostility of the Democratic
party, and did not restore the feeling in the South to a condition
better than that which it had shown during the exciting days of the
Electoral count. The South then, under the lead of men like
Stephens, Hill and Gordon, in the main showed every desire for a
peaceful settlement. As a rule only the Border States and Northern
Democrats manifested extreme distrust and bitterness, and these
were plainly told by some of the leaders from the Gulf States, that so
far as they were concerned, they had had enough of civil war.
As late as April 22, 1877, the Maryland Legislature passed the
following:
 Resolved by the General Assembly of Maryland, That the
Attorney-General of the State be, and he is hereby, instructed, in case
Congress shall provide for expediting the action, to exhibit a bill in
the Supreme Court of the United States, on behalf of the State of
Maryland, with proper parties thereto, setting forth the fact that due
effect has not been given to the electoral vote cast by this State on the
6th day of December, 1876, by reason of fraudulent returns made
from other States and allowed to be counted provisionally by the
Electoral Commission, and subject to judicial revision, and praying
said court to make the revision contemplated by the act establishing
said commission; and upon such revision to declare the returns from
the States of Louisiana and Florida, which were counted for
Rutherford B. Hayes and William A. Wheeler, fraudulent and void,
and that the legal electoral votes of said States were cast for Samuel
J. Tilden as President, and Thomas A. Hendricks as Vice-President,
and that by virtue thereof and of 184 votes cast by other States, of
which 8 were cast by the State of Maryland, the said Tilden and
Hendricks were duly elected, and praying said Court to decree
accordingly.
It was this resolution which induced the Clarkson N. Potter
resolution of investigation, a resolution the passage of which was
resisted by the Republicans through filibustering for many days, but
was finally passed by 146 Democratic votes to 2 Democratic votes
(Mills and Morse) against, the Republicans not voting.
 The Cipher Despatches.

An amendment offered to the Potter resolution but not accepted,

and defeated by the Democratic majority, cited some fair specimens
of the cipher dispatches exposed by the New York Tribune. These are
matters of historical interest, and convey information as to the
methods which politicians will resort to in desperate emergencies.
We therefore quote the more pertinent portions.
Resolved, That the select committee to whom this House has
committed the investigation of certain matters affecting, as is
alleged, the legal title of the President of the United States to the high
office which he now holds, be and is hereby instructed in the course
of its investigations to fully inquire into all the facts connected with
the election in the State of Florida in November, 1876, and especially
into the circumstances attending the transmission and receiving of
certain telegraphic dispatches sent in said year between Tallahassee
in said State and New York City, viz.:
“Tallahassee, November 9, 1876.

“A. S. Hewitt, New York:

“Comply if possible with my telegram.

“Geo. P. Rarey.”

Also the following:

“Tallahassee, December 1, 1876.

“W. T. Pelton, New York:

“Answer Mac’s dispatch immediately, or we will be embarrassed at a critical

time.

Wilkinson Call.”
 Also the following:
“Tallahassee, December 4, 1876.

“W. T. Pelton:

“Things culminating here. Answer Mac’s despatch to-day.

W. Call.”

And also the facts connected with all telegraphic dispatches

between one John F. Coyle and said Pelton, under the latters real or
fictitious name, and with any and all demands for money on or about
December 1, 1876, from said Tallahassee, on said Pelton, or said
Hewitt, or with any attempt to corrupt or bribe any official of the said
State of Florida by any person acting for said Pelton, or in the
interest of Samuel J. Tilden as a presidential candidate.
Also to investigate the charges of intimidation at Lake City, in
Columbia county, where Joel Niblack and other white men put ropes
around the necks of colored men and proposed to hang them, but
released them on their promise to join a Democratic club and vote
for Samuel J. Tilden.
Also the facts of the election in Jackson county, where the ballot-
boxes were kept out of the sight of voters, who voted through
openings or holes six feet above the ground, and where many more
Republican votes were thus given into the hands of the Democratic
inspectors than were counted or returned by them.
Also the facts of the election in Waldo precinct, in Alachua county,
where the passengers on an emigrant-train, passing through on the
day of election, were allowed to vote.
Also the facts of the election in Manatee county, returning 235
majority for the Tilden electors, where there were no county officers,
no registration, no notice of the election, and where the Republican
party, therefore, did not vote.
Also the facts of the election in the third precinct of Key West,
giving 342 Democratic majority where the Democratic inspector
carried the ballot-box home, and pretended to count the ballots on
the next day, outside of the precinct and contrary to law.
 Also the facts of the election in Hamilton, where the election
officers exercised no control over the ballot-box, but left it in
unauthorized hands, that it might be tampered with.
Also the reasons why the Attorney General of the State, Wm.
Archer Cocke, as a member of the Canvassing Board, officially
advised the board, and himself voted, to exclude the Hamilton
county and Key West precinct returns, thereby giving, in any event,
over 500 majority to the Republican electoral ticket, and afterwards
protested against the result which he had voted for, and whether or
not said Cocke was afterward rewarded for such protest by being
made a State Judge.

OREGON.

And that said committee is further instructed and directed to

investigate into all the facts connected with an alleged attempt to
secure one electoral vote in the State of Oregon for Samuel J. Tilden
for President of the United States, and Thomas A. Hendricks for
Vice-President, by unlawfully setting up the election of E. A. Cronin
as one of such presidential electors elected from the State of Oregon
on the 7th of November, the candidates for the presidential electors
on the two tickets being as follows:
On the Republican ticket: W. C. Odell, J. C. Cartwright, and John
W. Watts.
On the Democratic ticket; E. A. Cronin, W. A. Laswell, and Henry
Klippel.
The votes received by each candidate, as shown by the official vote
as canvassed, declared, and certified to by the Secretary of State
under the seal of the State,—the Secretary being under the laws of
Oregon sole canvassing officer, as will be shown hereafter,—being as
follows:
 W. K. Odell received 15,206 votes
John C. Cartwright received 15,214 „
John W. Watts received 15,206 „
E. A. Cronin received 14,157 „
W. A. Laswell received 14,149 „
Henry Klippel received 14,136 „

And by the unlawful attempt to bribe one of said legally elected

electors to recognize said Cronin as an elector for President and Vice-
President, in order that one of the electoral votes of said State might
be cast for said Samuel J. Tilden as President and for Thomas A.
Hendricks as Vice-President; and especially to examine and inquire
into all the facts relating to the sending of money from New York to
some place in said Oregon for the purposes of such bribery, the
parties sending and receiving the same, and their relations to and
agency for said Tilden, and more particularly to investigate into all
the circumstances attending the transmission of the following
telegraphic despatches:
“Portland, Oregon, Nov. 14, 1876.

“Gov. L. F. Grover:

“Come down to-morrow if possible.

“W. H. Effinger,
“A. Noltner,
“C. P. Bellinger.”

“Portland, November 16, 1876.

“To Gov. Grover, Salem:

“We want to see you particularly on account of despatches from the East.

“William Strong,
“C. P. Bellinger,
“S. H. Reed,
“W. W. Thayer,
“C. E. Bronaugh.”
 Also the following cipher despatch sent from Portland, Oregon, on
the 28th day of November, 1876, to New York City:
“Portland, November 28, 1876.

“To W. T. Pelton, No. 15 Gramercy Park, New York:

“By vizier association innocuous negligence cunning minutely previously

readmit doltish to purchase afar act with cunning afar sacristy unweighed afar
pointer tigress cattle superannuated syllabus dilatoriness misapprehension
contraband Kountz bisulcuous top usher spiniferous answer.

J. H. N. Patrick.

“I fully endorse this.

“James K. Kelly.”

Of which, when the key was discovered, the following was found to
be the true intent and meaning:
“Portland, November 28, 1876.

“To W. T. Pelton, No. 15 Gramercy Park, New York:

“Certificate will be issued to one Democrat. Must purchase a Republican elector

to recognize and act with Democrats and secure the vote and prevent trouble.
Deposit $10,000 to my credit with Kountz Brothers, Wall Street. Answer.

J. H. N. Patrick.

“I fully endorse this.

“James K. Kelly.”

Also the following:

“New York, November 25, 1876.

“A. Bush, Salem:

“Use all means to prevent certificate. Very important.

C. E. Tilton.”

Also the following:

 “December 1, 1876.

“To Hon. Sam. J. Tilden, No. 15 Gramercy Park, New York:

“I shall decide every point in the case of post-office elector in favor of the highest
Democratic elector, and grant certificate accordingly on morning of 6th instant.
Confidential.

Governor.”

Also the following:

“San Francisco, December 5.

“Ladd & Bush, Salem:

“Funds from New York will be deposited to your credit here to-morrow when
bank opens. I know it. Act accordingly. Answer.

W. C. Griswold.”

Also the following, six days before the foregoing:

“New York, November 29, 1876.

“To J. H. N. Patrick, Portland, Oregon:

“Moral hasty sideral vizier gabble cramp by hemistic welcome licentiate

muskeete compassion neglectful recoverable hathouse live innovator brackish
association dime afar idolator session hemistic mitre.”

[No signature.]

Of which the interpretation is as follows:

“New York, November 29, 1876.

“To J. H. N. Patrick, Portland, Oregon:

“No. How soon will Governor decide certificate? If you make obligation
contingent on the result in March, it can be done, and slightly if necessary.”

[No signature.]

Also the following, one day later:

“Portland, November 30, 1876.
 “To W. T. Pelton, No. 15 Gramercy Park, New York:

“Governor all right without reward. Will issue certificate Tuesday. This is a
secret. Republicans threaten if certificate issued to ignore Democratic claims and
fill vacancy, and thus defeat action of Governor. One elector must be paid to
recognize Democrat to secure majority. Have employed three lawyers, editor of
only Republican paper as one lawyer, fee $3,000. Will take $5,000 for Republican
elector; must raise money; can’t make fee contingent. Sail Saturday. Kelly and
Bellinger will act. Communicate with them. Must act promptly.”

[No signature].

Also the following:

“San Francisco, December 5, 1876.

“To Kountze Bros., No. 12 Wall St., New York:

“Has my account credit by any funds lately? How much?

“J. H. N. Patrick.”

Also the following:

“New York, December 6.

“J. H. N. Patrick, San Francisco:

“Davis deposited eight thousand dollars December first.

Kountze Bros.”

Also the following:

“San Francisco, December 6.

“To James K. Kelly:

“The eight deposited as directed this morning. Let no technicality prevent

winning. Use your discretion.”

[No signature.]

And the following:

“New York, December 6.
 “Hon. Jas. K. Kelly:

“Is your matter certain? There must be no mistake. All depends on you. Place no
reliance on any favorable report from three southward. Sonetter. Answer quick.”

[No signature.]

Also the following:

“December 6, 1876.

“To Col. W. T. Pelton, 15 Gramercy Park, N. Y.:

“Glory to God! Hold on to the one vote in Oregon! I have one hundred thousand
men to back it up!

“Corse.”

And said committee is further directed to inquire into and bring to

light, so far as it may be possible, the entire correspondence and
conspiracy referred to in the above telegraphic despatches, and to
ascertain what were the relations existing between any of the parties
sending or receiving said despatches and W. T. Pelton, of New York,
and also what relations existed between said W. T. Pelton and
Samuel J. Tilden, of New York.
April 15, 1878, Mr. Kimmel introduced a bill, which was never
finally acted upon, to provide a mode for trying and determining by
the Supreme Court of the United States the title of the President and
Vice-President of the United States to take their respective offices
when their election to such offices is denied by one or more of the
States of the Union.
The question of the title of President was finally settled June 14,
1878, by the following report of the House Judiciary Committee:
 Report of the Judiciary Committee.

June 14—Mr. Hartridge, from the Committee on the Judiciary,

made the following report:
The Committee on the Judiciary, to whom were referred the bill
(H. R. No. 4315) and the resolutions of the Legislature of the State of
Maryland directing judicial proceedings to give effect to the electoral
vote of that State in the last election of President and Vice-President
of the United States, report back said bill and resolutions with a
recommendation that the bill do not pass.
Your committee are of the opinion that Congress has no power,
under the Constitution, to confer upon the Supreme Court of the
United States the original jurisdiction sought for it by this bill. The
only clause of the Constitution which could be plausibly invoked to
enable Congress to provide the legal machinery for the litigation
proposed, is that which gives the Supreme Court original jurisdiction
in “cases” or “controversies” between a State and the citizens of
another State. The committee are of the opinion that this expression
“cases” and “controversies” was not intended by the framers of the
Constitution to embrace an original proceeding by a State in the
Supreme Court of the United States to oust any incumbent from a
political office filled by the declaration and decision of the two
Houses of Congress clothed with the constitutional power to count
the electoral votes and decide as a final tribunal upon the election for
President and Vice-President. The Forty-fourth Congress selected a
commission to count the votes for President and Vice-President,
reserving to itself the right to ratify or reject such count, in the way
prescribed in the act creating such commission. By the joint action of
the two Houses it ratified the count made by the commission, and
thus made it the expression of its own judgment.
All the Departments of the Federal Government, all the State
governments in their relations to Federal authority, foreign nations,
the people of the United States, all the material interests and
industries of the country, have acquiesced in, and acted in
accordance with, the pronounced finding of that Congress. In the
opinion of this committee, the present Congress has no power to
undo the work of its predecessor in counting the electoral vote, or to
confer upon any judicial tribunal the right to pass upon and perhaps
set aside the action of that predecessor in reference to a purely
political question, the decision of which is confided by the
Constitution in Congress.
But apart from these fundamental objections to the bill under
consideration, there are features and provisions in it which are
entirely impracticable. Your committee can find no warrant of
authority to summon the chief justices of the supreme courts of the
several States to sit at Washington as a jury to try any case, however
grave and weighty may be its nature. The right to summon must
carry with it the power to enforce obedience to the mandate, and the
Committee can see no means by which the judicial officers of a State
can be compelled to assume the functions of jurors in the Supreme
Court of the United States.
There are other objections to the practical working of the bill
under consideration, to which we do not think it necessary to refer.
It may be true that the State of Maryland has been, in the late
election for President and Vice-President deprived of her just and
full weight in deciding who were legally chosen, by reason of frauds
perpetrated by returning boards in some of the States. It may also be
true that these fraudulent acts were countenanced or encouraged or
participated in by some who now enjoy high offices as the fruit of
such frauds. It is due to the present generation of the people of this
country and their posterity, and to the principles on which our
Government is founded, that all evidence tending to establish the
fact of such fraudulent practices should be calmly, carefully, and
rigorously examined.
But your committee are of the opinion that the consequence of
such examination, if it discloses guilt upon the part of any in high
official position, should not be an effort to set aside the judgment of a
former Congress as to the election of a President and Vice-President,
but should be confined to the punishment, by legal and
constitutional means, of the offenders, and to the preservation and
perpetuation of the evidences of their guilt, so that the American
people may be protected from a recurrence of the crime.
Your committee, therefore, recommend the adoption of the
accompanying resolution:
Resolved, That the two Houses of the Forty-fourth Congress
having counted the votes cast for President and Vice-President of the
United States, and having declared Rutherford B. Hayes to be elected
President, and William A. Wheeler to be elected Vice-President,
there is no power in any subsequent Congress to reverse that
declaration, nor can any such power be exercised by the courts of the
United States, or any other tribunal that Congress can create under
the Constitution.

We agree to the foregoing report so far as it states the reasons for

the resolution adopted by the committee, but dissent from the
concluding portion, as not having reference to such reasons, as not
pertinent to the inquiry before us, and as giving an implied sanction
to the propriety of the pending investigation ordered by a majority
vote of the House of Representatives, to which we were and are
opposed.

Wm. P. Frye.
O. D. Conger.
E. G. Lapham.

Leave was given to Mr. Knott to present his individual views, also
to Mr. Butler (the full committee consisting of Messrs. Knott,
Lynde, Harris, of Virginia, Hartridge, Stenger, McMahon,
Culberson, Frye, Butler, Conger, Lapham.)
The question being on the resolution reported by the committee, it
was agreed to—yeas 235, nays 14, not voting 42.
 The Hayes Administration.

It can be truthfully said that from the very beginning the

administration of President Hayes had not the cordial support of the
Republican party, nor was it solidly opposed by the Democrats, as
was the last administration of General Grant. His early withdrawal of
the troops from the Southern States,—and it was this withdrawal and
the suggestion of it from the “visiting statesmen” which overthrew
the Packard government in Louisiana,—embittered the hostility of
many radical Republicans. Senator Conkling was conspicuous in his
opposition, as was Logan of Illinois; and when he reached
Washington, the younger Senator Cameron, of Pennsylvania. It was
during this administration, and because of its conservative
tendencies, that these three leaders formed the purpose to bring
Grant again to the Presidency. Yet the Hayes administration was not
always conservative, and many Republicans believed that its
moderation had afforded a much needed breathing spell to the
country. Toward its close all became better satisfied, the radical
portion by the President’s later efforts to prevent the intimidation of
negro voters in the South, a form of intimidation which was now
accomplished by means of rifle clubs, still another advance from the
White League and the Ku Klux. He made this a leading feature in his
annual message to the Congress which began December 2d, 1878,
and by a virtual abandonment of his earlier policy he succeeded in
reuniting what were then fast separating wings of his own party. The
conference report on the Legislative Appropriation Bill was adopted
by both Houses June 18th, and approved the 21st. The Judicial
Expenses Bill was vetoed by the President June 23d, on the ground
that it would deprive him of the means of executing the election laws.
An attempt on the part of the Democrats to pass the Bill over the veto
failed for want of a two-thirds vote, the Republicans voting solidly
against it. June 26th the vetoed bill was divided, the second division
still forbidding the pay of deputy marshals at elections. This was